MURDER

MURDER

Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human being with mens rea/guilty mind element of murder. Most societies consider murder to be a very serious crime, and thus believe that the person charged should receive harsh punishments for the purposes of retribution, deterrence, rehabilitation, or incapacitation. In most countries, a person convicted of murder generally faces a long-term prison sentence, possibly a life sentence where permitted.

The elements of murder are:

  1. Unlawful
  2. killing
  3. through criminal act or omission
  4. of a human
  5. by another human
  6. with malice aforethought.

Degrees of murder

The phrase "degrees of murder" refers to the intent or severity of a particular murder charge. Some states define their degrees of murder numerically. Common degrees of murder include first degree murder and second-degree murder. Other states place specific labels on their murder offenses, such as capital murder, murder, and justifiable homicide. 

First Degree or Capital Murder

First-degree murder, or capital murder as it is often called, is the most serious form of murder. In most states, a first-degree murder involves elements like deliberate planning, premeditation, or malice. Deliberate means that the defendant makes a clear-headed decision to kill the victim. Premeditation involves showing the defendant actually thought about the killing before it occurred. 

Second Degree Murder

Second degree murder is killing another with malice - doing a harmful act without just cause or legal excuse - but without premeditation or deliberation. In other words, this means intentionally killing someone without planning to do so in advance. If a person becomes angry, walks over to a desk where he keeps a gun that is kept just for his protection, takes out the gun and shoots another person, that may be second-degree murder because there was no plan or advance decision to kill. It would still be second degree murder because the act of taking out the gun and shooting was intentional.

Felony Murder

Felony murder is a killing that happens during the course of the commission of a felony. The murder isn’t necessarily planned out or intended, it’s just a consequence of the other offense. Even a death that is an accident will be considered felony murder by most states if it happens while a felony is being committed. 

 

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